Concerning the Marital Home: Can I Have My Ex Removed?

There are many issues weighing down your mind after you have gotten a divorce. One of the biggest issues, and one you might have to face dealing with right away, are your post-separation living arrangements. You may be wondering if you can make the other spouse leave your marital home, especially if you plan on keeping it, or how this process works. Today we will discuss these issues.

Asking the Court

The courts know that they shouldn’t bar a spouse from the marital home. Until your case is litigated in full and you either agree on issues or the court assigns somebody to the marital home, most of the time you might find yourself in the uncomfortable situation of being divorced but still living with your spouse. Some spouses decide that they will keep the house, and others decide on equal measures where they sell the house and each spouse gets a bit of the profits.

If you have good reason for the other spouse to be removed from the home, then the courts might be able to grant it. For instance, perhaps you and your spouse have a history of domestic violence and they will be removed from the house for that. In other cases, your spouse might be entitled to many other assets and you are keeping the house because your parents built it for you. As you can see, there are many different scenarios that can play out when it comes to who is keeping the marital home and who is leaving.

In other scenarios, the court might examine that it is not in the best interest of the children for one spouse to remain in the home, especially if there is past tension. Regardless of the scenario, there are many different issues that you might run into, which is why you might need the help of an attorney during these times. We want to speak with you today at The Law Offices of Amy M. Montes, so give us a call as soon as possible.

Experienced. Dedicated. Distinguished.

Our legal team is dedicated to helping individuals achieve new beginnings after divorce and other complicated family law issues. Attorney Amy Montes', dedication and experience led to her being named one of 2009's Who's Who in Orange County in Orange County Lawyers Magazine.